Judgment

Bharucha, J.-We are concerned in these appeals with the Assessment Years 1985-86, 1987-88 and 1988-89. Two questions are before us but it is apparent that the question really to be answered is the first one. The questions read thus:

“1. Whether, on the facts and in the circumstances of the case, the Tribunal was not correct in holding that “granite” is a “mineral” within the meaning of the term found in Section 80HHC(b)(ii), Income Tax Act?

2. Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee is not entitled to the allowance claimed under Section 80HHC in respect of the granite exported from India?”

The questions having been answered against it, the assessee is in appeal.

2. There is no material in the finding of the Tribunal other than the indication that the assessee exports granite. The assessee claimed for the granite which it exported the deduction available under Section 80HHC of the Income Tax Act, 1961 as inserted by the Finance Act, 1983 with effect from 1st April, 1983. The relevant provision permits, where “an assessee, being an Indian company or a person (other than a c